Wyoming Domestic Violence Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed January 16, 2025
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Wyoming's definition of domestic violence covers various acts, including physical abuse, inducing fear of imminent harm, or forced sexual activity by a household member. The law recognizes a variety of relationships as "household members," including married or formerly married couples, cohabitants, and those sharing a child. The state offers protection orders to prevent further abuse, and penalties for violations escalate with subsequent offenses.
In Wyoming, domestic violence is a serious criminal offense affecting families and communities. In light of this, the state established comprehensive laws to protect victims of domestic abuse. These laws also keep offenders accountable by providing stringent fines and penalties.
If you or your loved one is experiencing domestic violence, the following resources can provide help and support:
- Wyoming Coalition Against Domestic Violence and Sexual Assault (1-800-990-3877)
- National Domestic Violence Hotline (1-800-799-SAFE (7233))
- Wyoming Division of Victim Services (1-307-777-7200)
If you are in immediate danger, call 911. Once you secure your safety, a domestic violence attorney can give you legal advice on how to obtain a protection order.
This article provides an overview of the domestic violence laws in Wyoming and the fines and penalties for this criminal charge.
Understanding Domestic Violence Laws in Wyoming
Wyoming's criminal statutes provide a comprehensive legal framework that addresses domestic violence. The table below summarizes the key aspects of domestic violence laws in the state.
Domestic Abuse Defined |
Wyoming statute, (Wyo. stat. 35-21-102), defines domestic abuse as one or more of the following acts committed by a household member:
|
Household Members Defined |
The following individuals are considered "household members" under Wyoming law:
Note that Wyoming's domestic violence law considers anyone over sixteen years old or legally married as an adult. This differs from the state's general age of majority, which is 18. |
Mandatory Arrest? |
No. Wyoming Statute § 35-21-107 allows local law enforcement officers responding to a domestic violence call to take steps "reasonably necessary" to prevent further abuse. This can include arresting the abuser when appropriate. However, they are not required to make an arrest. |
Orders of Protection in Wyoming
Wyoming courts can issue protection orders to safeguard victims of domestic abuse. The following are types of protection orders that the court can issue:
Ex Parte Protection Orders
Wyoming courts can issue an emergency ex parte protection order to give the victim immediate protection from domestic abuse. "Ex parte" means the judge can issue this order without the respondent (the alleged abuser) being present or even notified.
The court will grant an ex parte temporary order if the danger of further abuse appears imminent. The temporary order of protection and hearing notice is then served on the alleged perpetrator. Within 72 hours, the court will hold another hearing to decide whether to issue a final protection order.
Final Protection Order
A final protection order gives comprehensive legal protection the the victim. This can include multiple provisions to safeguard the victim and their children from further abuse. A typical order might include any of the following:
- Grant exclusive possession of the house to the victim of domestic abuse or order the abuser to provide alternative housing. The court may also grant custody of pets.
- Prohibit the abuser from initiating contact with the victim of the abuser and order them to stay away from the victim’s residence or place of work.
- The judge may also prohibit the abuser from abducting or concealing the children or transferring or disposing of the properties of the victim.
- Award temporary child custody and set a supervised visitation.
- Order child support payments.
- The court may also order additional remedies, such as requiring the abuser to attend counseling or treatment.
The court can extend the final protection order for up to three years, with the possibility of repeated extensions after showing good cause.
Penalties for Domestic Violence in Wyoming
Under Wyoming statute, the penalties for domestic assault are as follows:
First offense |
|
Second offense |
Penalties increase if the person has previously been convicted of domestic assault or similar offenses against a household member within the last five years:
|
Multiple convictions within 10 years |
If, in the past ten years, the abuser faced two or more convictions of domestic battery or one conviction of domestic battery plus another qualifying offense, the penalty increases to:
|
Enhancing Circumstances
Conviction of any of the following acts enhances the penalties:
- Simple assault
- Aggravated assault and battery
- Domestic battery
- Child abuse
- Reckless endangerment
- Unlawful contact
- Strangulation of a household member
- Kidnapping
- Felonious restraint
- False imprisonment
Note: State laws are subject to change. Although FindLaw strives to provide the most current information, it is best to seek legal help from an attorney before making any legal decision.
Related Resources:
- Is Domestic Violence a Felony or Misdemeanor?
- Wyoming Criminal Laws
- Wyoming Criminal Statute of Limitations
- Wyoming Protective Orders Laws
- Wyoming Child Custody Laws
- Domestic Violence Laws
- Restraining Order Basics
- Self-Defense Laws
Seek Legal Advice
If you are a victim of domestic violence in Wyoming, seek help immediately. You can contact the Wyoming Coalition Against Domestic Violence and Sexual Assault at 1-800-990-3877 or the National Domestic Violence Hotline at 1-800-799-SAFE (7233). These organizations can give you immediate support and connect you with local resources.
If you need assistance obtaining a protection order, you can contact a domestic violence attorney. They can help you understand the legal protections available to you.
For those facing domestic violence charges, it is also crucial that you seek legal representation. A criminal defense attorney can help find the best possible defenses and guide you through understanding the legal process. The consequences of domestic violence charges can be life-altering, so it is crucial to seek help right away.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Wyoming attorneys offer free consultations.
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